San Bernardino Construction Accident Lawyer
San Bernardino is an ever growing city, with numerous construction projects underway on a daily basis. While we all know that this amount of development is necessary and desired in our great city, it also opens up the prospect of injury to construction workers as well as bystanders and passersby. With the obvious dangers involved on construction sites, the construction injury logs one of the highest rates of injury and death in the United States.
“The Fatal Four”
In 2013, over 4,400 workers across the country were killed on the job, 856 of those were killed in construction-related accidents. Nearly 4 percent of all construction workers have been forced to lose time at work or have job restrictions imposed or even forced transfers, all because of job related injuries. Figures from OSHA acknowledged that in 2012, the construction industry was responsible for a distressing one out of every five worker fatalities.
OSHA’s “fatal four” leading causes of deaths on construction sites: falls, being struck by an object, electrocution or being stuck in between two objects.
The Problem With Workers’ Compensation
We’ve likely all encountered someone with experience with worker’s compensation and know that the small percentage they are willing to pay to compensate you for lost time at work, medical bills and other compensation is simply not sufficient.
If you have been injured at work on a construction site, your employment situation and the extent to which your employer is responsible for your injuries will determine the outcome of your case. You will need the expertise of an experienced construction accident lawyer at the Law Offices of Brent. A. Duque on your side to ensure that you receive the medical care and monetary benefits you are entitled to. If your injury is likely to keep you from working permanently, your lawyer can advise you about filing for Social Security disability benefits as well.
Third Party Liability
A construction worker who was injured on a job site might be eligible to recover further compensation in addition to Workers’ Compensation. Let’s say an electrician working for 123 Electrician Contractors was on a ladder working. Signs and warnings were posted in the electrician’s work area, but the ladder was hit by a van driven by ABC Contractors when the driver was distracted by his phone. He never saw the warnings, the ladder or the electrician. As a result of the fall, the electrician suffers a permanent injury.
Because ABC is a separate and distinct business entity, California law permits the electrician to bring a personal injury lawsuit against ABC and its driver at the same time he pursues his workers’ compensation claim. That’s called third party liability. Damages in the third party liability personal injury lawsuit aren’t limited like those in a workers’ compensation claim. While seeking damages in the lawsuit, the injured worker can also collect workers’ compensation benefits for purposes of paying medical bills and keeping their household and family going.
Others Get Injured Too
A passing motorist, pedestrian and bystander also face the possibility of injury or death around a construction site. A falling tool or piece of construction material can easily strike a passerby. A motorist, using all necessary due care and caution around the site, can easily be hit by a truck or by a heavy equipment operator. While these people are independent of anybody working on the construction project, they are still permitted to file a personal injury lawsuit against any companies and employees on the site that they believe were responsible for their injuries.
At the San Bernardino Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful construction site accident attorneys who represent injured people through our offices that stretch across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after an accident.
Contact our San Bernardino County Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.